Access to the Debt Investor website (Website) operated by Australian Logistics Acquisitions Holdings Pty Ltd and each of its subsidiaries, including Asciano Limited and Pacific National Pty Ltd (collectively “Pacific National”), is subject to the following terms and conditions.
The information contained on, and accessed through, this Website (Information) is believed to be current at the time of its publication. However neither Australian Logistics Acquisitions Holdings Pty Ltd nor its controlled entities, directors, employees, agents or advisers (Associated Persons):
- takes responsibility for any error, omission or defect in the Information;
- gives any representation or warranty as to the reliability, timeliness, accuracy or completeness of the Information or that the Information on this site is free from omissions;
- gives any representation or warranty that the Information is adequate or that the Website contains all information relevant to an investor;
- accept any obligation to correct or update any of the Information contained on the Website. Investors should be aware that Pacific National’s debt programs are updated, varied and replaced from time to time;
- represent and warrant that any forward-looking statements, forecasts, estimates and projections which may be contained within the Information will be achieved or will prove to be correct. Actual results could vary materially from those forward-looking statements; and
- undertakes that your access to the Website will be uninterrupted or error-free.
To the maximum extent permitted by law, neither Pacific National nor its Associated Persons accepts any liability (whether based in contract, tort, strict liability or otherwise) for any loss or damage (whether direct, indirect, incidental or consequential) whatsoever arising out of or in any way connected with the access to or use of this Website.
The Information on this Website (this page and other pages accessed through this page) is restricted to persons who:
have applied for and been granted access to the Website in their capacity as a current or potential future Debt Investor in Pacific National; and
are a ‘wholesale client’ within the meaning of section 761G of the Corporations Act of Australia. If you are a ‘retail client’ within the meaning of section 761G of the Corporations Act of Australia (for example, you are not a professional investor in securities) or we would be required to provide you with a regulated offer document in relation to any offer of securities that we may make to you, you are not authorised to access this site.
The Information contained on, and accessed through, this Website:
- is confidential and is not to be distributed to other persons;
- is provided for information and reference purposes only;
- does not constitute and is not intended to constitute an offer or invitation or inducement to any person to subscribe for, purchase or otherwise deal in any securities or financial products (as those terms are used in the Corporations Act of Australia) that may be described on this Website;
- is not addressed to any person in a jurisdiction where access to it or any use of it would result in a contravention by Pacific National or its Associated Persons under the laws of that jurisdiction. In particular, no action has been taken in any jurisdiction which would permit the public offering of any securities or financial products or the distribution of Information relating to any securities or financial products that may be described on this Website;
- does not constitute an offer of securities for sale in the United States. The securities may not be offered or sold in the United States absent registration or an exemption from registration under the Securities Act of 1933, as amended (U.S, Securities Act). It is not intended that any securities described on this Website will be registered under the U.S Securities Act or any U.S. state securities laws; and
- is of a general nature only and has been prepared without taking into account your objectives, financial situation and needs. Before acting on any Information contained on this Website, you should consider whether it is appropriate having regard to your particular circumstances. You should seek independent financial, legal and taxation advice before deciding to acquire, hold, dispose or otherwise deal in any securities or financial product that may be described on this Website.
By accessing this Website site:
- you represent and warrant that you are a ‘wholesale client’ and not a ‘retail client’ within the meaning of the Corporations Act of Australia;
- you are either (a) not a ‘US person’ as that term is defined in Regulation S under the U.S Securities Act, are not in the United States, and are not acting for the account or benefit of a US person, or (b) a ‘qualified institutional buyer’ as that term is defined in Rule 144A under the U.S Securities Act;
- you confirm that your access to the Information contained on this Website does not result in Pacific National or its Associated Persons violating any applicable laws, including the laws of your home jurisdiction;
- you undertake to keep t any Information you obtain from this Website confidential; and